Ali Haider v. Indian Council Of Arbitration
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.11812 of 2022 ====================================================== Ali Haider Executive Engineer, Public Health Division, Jehanabad, Public Health Engineering Department, Govt. of Bihar, Patna, aged about 41 years, Male, Son of Md. Suleman, Resident of 301, Hasan Apartment, East of Belal Mashjid, Samanpura, Rajabazar, P.S. - Shastri Nagar, District - Patna. ... ... Petitioner/s
Versus
1.
Indian Council of Arbitration Room No. 112, Floor Federation, House, Tansen Marg, New Delhi - 110001.
2.
M/s Spectro Analytical Labs Ltd., through its authorized signatory Narendra Kumar, Son of Sri Jitendra Prasad, Resident of Village - Mandachh Tola, Ghana Bigha, P.S. - Ekangarsarai, District - Nalanda, Bihar. ... ... Respondent/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Sudhir Kumar Singh, Advocate For the Respondent/s :
Mr.
====================================================== CORAM: HONOURABLE THE CHIEF JUSTICE and HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER (Per: HONOURABLE THE CHIEF JUSTICE) 24-08-2022 Petitioner has prayed for the following reliefs:- "(i) To issue a writ in the nature of Certiorari or any writ, direction or order for quashing the communication dated 22.06.2022 by which the respondent No. 1 has appointed the sole Arbitrator without following the process prescribed in Clause-9 of the General Condition of Contract with respect to settlement of dispute. (ii) For any other relief/reliefs if petitioner found entitle in the facts and circumstances of the present case."
Learned counsel for the petitioner seeks permission
Patna High Court CWJC No.11812 of 2022(2) dt.24-08-2022 2/2 to raise all objections, including that of the constitution of the Tribunal and the maintainability of the application in terms thereof as also initiate appropriate proceedings under the provisions of the Arbitration and Conciliation Act, 1996. Prayer allowed.
Petition is disposed of as withdrawn with the liberty aforesaid.
Interlocutory Application(s), if any, shall stand disposed of.
(Sanjay Karol, CJ) ( Satyavrat Verma, J) K.C.Jha/Kundan U